Preventice services Terms of Use

Purpose. Preventice Services, LLC (“Preventice,” “us,” “we,” “our”) provides this website www.preventicesolutions.com/services/preventice-services.html (the “Website”) to visitors, patients and customers such as yourself (“Patient,” “you,” “your”) to learn about Preventice and to communicate with Preventice, including downloading the product manual, video and product hook up guide; paying online; requesting support; sending feedback; and submitting a personal account of your experience (your “Story”). Access to, and use of, the Website are subject to the following Terms of Use.

Agreement. When you use the Website, you accept and agree to be bound by these Terms of Use, including the “DO’S and DON’T’S” below, and our Privacy Policy www.preventicesolutions.com/services/privacy.html , which covers how we collect, use, share, and store your personal information. These Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) governing your use of the Website. Your consent to this Agreement is granted when you use the Website. If you do not agree to these Terms of Use or the Privacy Policy, DO NOT access or otherwise use the Website.

We may amend the Terms of Use and Privacy Policy from time to time. It is your responsibility to regularly review and determine whether you are in agreement with the updates. This and effective successor Agreements are and will be made available for your review on the Website.

All health and health-related information contained within this Website is intended to be general in nature. Nothing on this Website should be used as a substitute for a visit with a healthcare professional. The information provided in or via this Website is not intended, in any way, as a substitute for professional medical advice and should not be construed as making a recommendation related to any action or decision related to any questions about your health or the health of others. Your healthcare provider should be consulted regarding matters concerning the medical condition, treatment and needs of you and your family.

Your Access Requirements. In order to access certain areas or functions of the Website, you will need to provide certain contact information. Your access is specific to you and you are responsible for anything that happens through your access unless you report misuse. You promise and guaranty that you will only post information and content that (A) you have the right to share; (B) does not violate the law or anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract); and (C) is truthful. We are not obligated to publish any information or content on the Website and can remove it in our sole discretion, with or without notice. In order to have continued access the Website you must follow the law and the “DOS AND DON’TS” below.

Furthermore, you acknowledge and accept that email may not be a private communication between you and Preventice – anyone with access to your email account such as an employer or family member may be able to access these email communications.

Your License to Us. You own all of the content, feedback and contact information that you provide to us on the Website (“Your Content”). By entering Your Content, you grant Preventice a non-exclusive, worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process Your Content, without any further consent, notice and/or compensation to you or others. For example, you acknowledge and agree that (A) we may publish survey results and your Story on and outside of the Website; (B) other users of the Website with similar access as you may access and share Your Content; (C) we may edit and make formatting changes to Your Content (such as modifying the size, layout or file type or removing metadata), as long as we do not modify the meaning; (D) we may access, store and use any information that you provide in accordance with the terms of our Privacy Policy; and (C) we can (but do not have to) use and share your feedback and suggestions for any purpose without compensation to you. In addition, we have the right to compile, analyze, share and otherwise use your information, including Your Content at our discretion, including for the purposes of improving the Website and our services. These are some, but not all, of the ways in which we may copy, modify, distribute, publish, and process Your Content.

You can end this license by notifying us in writing. Upon receipt of the notice, the license will terminate except (A) to the extent other users of the Website copied or stored Your Content; (B) for the reasonable time it takes to remove Your Content from backup and other systems; and (C) to the extent that Your Content may be retained for legal compliance or audit purposes.

Violate the intellectual property or other rights of Preventice, including, without limitation, use of our name or our logos in any manner without our consent;

Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Preventice;

Post anything that contains software viruses, worms, or any other harmful code;

Post content that promotes escort services or prostitution;

Creating or operate a pyramid scheme, fraud or other similar practice;

Copy or use the information, content or data of others available on the Website (except as expressly authorized);

Copy or use the information, content or data on the Website in connection with a competitive service (as determined by Preventice);

Copy, modify or create derivative works of Preventice, the Website or any related technology (except as expressly authorized by Preventice);

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology, or any part thereof;

Rent, lease, loan, trade, sell/re-sell access to the Website or related any information or data;

Sell, sponsor, or otherwise monetize any feature of the Website, without Preventice’s consent;

Remove any copyright, trademark or other proprietary rights notices contained in or on the Website;

Remove, cover or obscure any advertisement included on the Website;

Collect, use, copy, or transfer any information obtained from Preventice without the consent of Preventice;

Share or disclose information of others without their express consent;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Website or any related data or information;

Use bots or other automated methods to access the Website or to add or download content;

Monitor the Website’s availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;

Access the Website except through the interfaces expressly provided by Preventice;

Override any security feature of the Website; or

Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms).

Our Rights. In addition to the licensing rights in “Your License to Us” section, Preventice reserves the right to limit, restrict, suspend, or terminate your access to the Website if we believe you may be in breach of this Agreement or breach of law or are misusing the Website (e.g. violating any Do and Don’ts).

We also reserve all of our intellectual property rights in the Website, for example, our logos, trademarks, service marks and graphics. Your access to the Website does not give you any right, title or interest in the Website other than as explicitly stated in this Agreement. You may not, with respect to the source code, design or any other intellectual property related to the Website, copy; download; modify or create derivative works based upon; decompile, disassemble, or reverse engineer; defeat, disable, or circumvent any protection mechanism; make accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; sell, license, sublicense, lease, rent, distribute, disclose, or transfer to any third party, whether for profit or without charge; or distribute on any media.

We have the right to use “cookies” and other similar functions on computer(s) and other devices you use to access the Website for purposes of better functionality, identification, and communicating matters that may be important or of interest to you.

Website Functionality, Availability and Storage. We may change, suspend, or discontinue any of functions or capabilities of the Website in our discretion. To the extent allowed under law, these changes may be effective upon notice provided on the Website. In addition, we cannot promise that the Website will be available whenever and wherever you try to access it. You acknowledge and agree that at times you will not be able to access parts or all of the Website and that if the Website becomes unavailable during your use, Your Content or other data entered by you may be lost. You agree that we have no obligation to store, maintain, keep showing or provide you a copy of any content or information that you post, except to the extent required by applicable law.

Other Content, Sites and Apps. By using the Website, you may encounter content or information supplied by other users of the Website and by non-user third-parties who may offer their own products and services via the Website. You acknowledge and agree that such “Third-Party Content” might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You are responsible for deciding if you want to access or use Third-Party Content, including third-party apps or sites that link from the Website. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Preventice is not responsible for these other sites and apps. When you see or use Third-Party Content, it is at your own risk. You agree that we are not responsible for Third-party Content or for any damages as a result of your use of or reliance on it.

DISCLAIMER AND LIMIT OF LIABILITY.

TO THE EXTENT ALLOWED UNDER LAW, PREVENTICE (AND THOSE THAT PREVENTICE WORKS WITH TO PROVIDE THE WEBSITE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE CAN BE USED AS A SUBSTITUTE FOR A VISIT WITH A HEALTHCARE PROFESSIONAL; (C) DO NOT GUARANTEE THAT THE WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS; AND (D) PROVIDE THE WEBSITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE EXTENT PERMITTED UNDER LAW, PREVENTICE (AND THOSE THAT PREVENTICE WORKS WITH TO PROVIDE THE WEBSITE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SYSTEM (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF PREVENTICE (AND THOSE THAT PREVENTICE WORKS WITH TO PROVIDE THE SYSTEM) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, US $50.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PREVENTICE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PREVENTICE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Termination. Either of us can end this Agreement at any time by providing written notice. On termination, you lose the right to access or use the Website. The following shall survive termination: (A) Our rights to use and disclose your feedback and your Story; (B) other users’ rights to further re-share content and information you shared through the Website to the extent copied or re-posted prior to termination; and (C) the following sections of this Agreement shall survive termination: “Our Rights”; “Website Functionality, Availability and Storage”; “Other Content, Sites and Apps.”; “Disclaimer and Limit of Liability”; “Dispute Resolution”; “Indemnification”; and “General Terms”.

Dispute Resolution. You agree that the laws of the State of Texas, excluding its conflict of laws rules, shall exclusively govern any legal dispute relating to this Agreement and/or the Website (“Dispute”). We agree to attempt to resolve any Dispute against each other, including our agents, employees, successors, assigns, or affiliates through face to face negotiations in Houston, Harris County, Texas. We will conduct the face to face negotiations within 60 days following written notice that a Dispute exists. If such negotiations fail to resolve the Dispute, then we will attempt to resolve the Dispute through mediation in Houston, Harris County, Texas utilizing a mutually agreeable mediator, rather than through litigation. The mediation will take place within 120 days of the face to face meeting. The existence or results of any negotiation or mediation will be treated as confidential. If, however, we are unable to resolve the Dispute following such face to face negotiations and such mediation, then either of us shall be free to pursue all remedies available at law or equity in a court of competent jurisdiction in Houston, Harris County, Texas. We both agree that Houston, Harris County, Texas is the exclusive venue for the resolution of any and all Disputes under this Agreement and submit to the personal jurisdiction of the federal or state courts of Houston, Harris County, Texas.

Notwithstanding anything herein to the contrary, YOU AGREE THAT ANY CLAIM YOU BRING AGAINST PREVENTICE WILL ONLY BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree otherwise, you agree not to seek certification of any group of claims as a class action or otherwise consolidate more than one person’s claims in any form of a representative or class proceeding.

Indemnification. You agree to defend, indemnify, and hold Preventice, its officers, directors, employees, agents, licensees, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and attorney’s fees, or alleged to result from, your violation of the terms and conditions of this Agreement.

Copyright Policy and Process. Preventice provides the following process for submission of complaints concerning content posted by our users. Please note that whether or not we disable access to or remove content, Preventice may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the user who posted the content and/or take other reasonable steps to notify the user that Preventice has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our sole discretion, to disable and/or terminate the access rights of users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Claims regarding copyright infringement. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Preventice has implemented procedures for receiving written notification of claimed infringements. Preventice has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement or otherwise provide a written communication which contains: (A) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) A description of the copyrighted work that you claim has been infringed; (C) A description specifying the location on our website of the material that you claim is infringing; (D) Your telephone number and e-mail address; (E) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (F) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please submit your notice to Preventice’s Copyright Agent as follows:

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter Notice of Copyright Infringement or otherwise provide a written communication which contains: (A) Your physical or electronic signature; (B) Identification of the material removed or to which access has been disabled; (C) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; (D) Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of Texas (Houston Division), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Claims regarding content other than copyright infringement. For issues other than copyright infringement please visit info@preventice.com where you’ll find information on how to flag and report other types of content violations.

GENERAL TERMS.

If a court with authority over this Agreement finds any part of it not enforceable, we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.

This Agreement is the only agreement between us regarding the Website and supersedes all prior agreements for the Website.

If we don’t act to enforce a breach of this Agreement, that does not mean that Preventice has waived its right to enforce this Agreement.

You may not assign or transfer this Agreement (or your use of the Website) to anyone without our consent. However, you agree that Preventice may assign this Agreement to its affiliates or a party that buys Preventice without your consent.

There are no third party beneficiaries to this Agreement.

You agree that the only way to provide us legal notice is at the following addresses: